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1. The plaintiff's claim against the defendant local land expropriation committee is dismissed.
2. Defendant.
Reasons
1. Basic facts
A. The Mayor of Seoul Special Metropolitan City on July 13, 2006 and June 21, 2007, the designation of the rearrangement zone and the designation of the rearrangement zone modification 1) the Mayor of Seoul Special Metropolitan City on July 13, 2006 (hereinafter “Urban Improvement Act”) shall be the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions
(2) On June 21, 2007, the Seoul Metropolitan Government Mayor designated and publicly announced a total of 64,357 square meters of land size of Ddong members, including Seoul Mapo-gu land, as a rearrangement zone to implement a housing redevelopment project. (2) On June 21, 2007, the Seoul Metropolitan Government Mayor designated and publicly announced a total of 64,453 square meters of land size of Ddong members, including Seoul Mapo-gu land, (hereinafter “instant project zone”) as a rearrangement zone to implement a housing redevelopment project (hereinafter “instant housing redevelopment project”).
B. An association establishment promotion committee for the housing redevelopment project of this case is established on November 29, 2006) with the consent of 699 persons from 863 persons, excluding 7 persons whose location is not verified from 870 persons, such as land located within the project area of this case, around 2006, (2006) with the consent of the association establishment (69 persons/863 persons/80.99% of the consent rate) under Article 16(1) of the former Urban Improvement Act (amended by Act No. 8785 of Dec. 21, 2007), and with the consent of 4/5 or more owners of land, etc. which are the requirements for the establishment of the association under Article 16(1) of the Mapo-gu Seoul Metropolitan Government Act (hereinafter “Mapo
(2) The president of Mapo-gu applied for authorization to establish the association on November 29, 2006, and the president of Mapo-gu (hereinafter “Defendant Association”) registered the establishment of the association as the Housing Redevelopment Project Association (hereinafter “Defendant Association”) on December 5, 2006 according to the authorization to establish the housing redevelopment project of this case on November 29, 2006.
3) However, some members filed a lawsuit seeking confirmation of invalidity of a disposition approving the establishment of an association on the ground that they failed to meet the consent rate. The first instance court rendered a dismissal judgment on the ground that there is no interest in the lawsuit (Seoul Administrative Court No. 2009Guhap46146, June 30, 201).